(August 30, 2015) – 18-year-old Conrad Roy killed himself in July 2014. His former girlfriend, 18-year-old Michelle Carter, faces involuntary manslaughter charges for allegedly convincing him to do it.

And according to WCVB, prosecutors say text messages show she was an accessory.

In one text she said to Roy, “You said you were gonna do it. I don’t get like why you aren’t.”

Roy responded “I don’t get it either. I don’t know.”

But the defense says the texts are free speech. And they argued that she was troubled too, and she was only trying to help her friend.

The defense is asking the judge to drop the criminal charge.

“Her words are not protected, your honor. Her words are harmful, offensive and likely to cause an immediate, violent act,” said Katie Rayburn, Asst. District Attorney.

Roy died of carbon monoxide poisoning at a shopping center. Carter was on the phone with Roy when it happened, and she later told a friend “It’s my fault. I was talking to him while he killed himself. I heard him cry in pain.”

Carter’s next court date is October 2. That’s when the judge could rule on dropping the charges against her.

Roy had previously tried to commit suicide and was battling depression.